By clicking on the “I ACCEPT” button you are representing that you are: (1) at least 18 years old; (2) capable of entering into a legally binding agreement; (3) a resident of the United States; (4) will use the Services only for personal use and not for commercial use and (5) will not transfer membership account or username to others.
3. On-line Shop Registration Information
Upon registration for the On-line Shop Services, you will be assigned a password of which you will have the option to reset from time to time. You understand that you are solely responsible for maintaining the confidentiality of your password, and that you shall be solely and fully responsible for all activities that occur under your password. Mar Creation shall not be responsible for any loss, claim or other liability that may arise from the unauthorized use of any password and you agree to indemnify Mar Creation for any violation of this paragraph. If a password is lost or stolen it is the user’s responsibility to notify Mar Creation, so that the missing password can be deactivated and a new one assigned.
5. Site Content
All of the content you see, hear or otherwise experience through the Site, including, but not limited to text, lyrics, graphics, photos, audio clips, video clips, music, reviews, postings, comments and the like (“Content”) are subject to trademark, service mark, trade dress, copyright, trade secret, patent, and/or other intellectual property rights or licenses held by Mar Creation or third parties and are subject to copyright and other intellectual property rights under the United States and foreign laws and international conventions. Content on the Site is provided to you AS IS for your information and personal use only and may not be used, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any other purposes whatsoever without the prior written consent of their respective owners. Mar Creation reserves all rights not expressly granted in and to the Site and the Content. If you download or print a copy of the Content for personal use, you must retain all copyright and other proprietary notices contained therein. You agree not to circumvent, disable or otherwise interfere with security related features of the Site or features that prevent or restrict use or copyright of any Content or enforce limitations on use of the Site or the Content therein.
6. User Communications
7. No Interference and Unauthorized Access
You agree that you will not: (a) attempt to circumvent user authentication or the security of any MAR CREATION account; (b) use any robot, spider, other automatic device, or manual process to monitor or copy MAR CREATION’s web pages or the content contained in them; (c) use any device, software or routine to interfere or attempt to interfere with the proper working of the Services; or (d) take any action that imposes an unreasonable or disproportionately large load on MAR CREATION’s infrastructure, including without limitation “denial of Services attacks.”
If you in any way violate any system or interfere with network security you may incur criminal or civil liability. MAR CREATION will cooperate fully with investigations of violations of systems or network security at other sites, including cooperating with law enforcement authorities in the investigation of suspected criminal violations.
8. Reviews and Opinions
The Site contains facts, reviews, opinions and statements of third parties and other organizations. Mar Creation does not represent or endorse the accuracy or reliability of any advice, opinion, statement or other information displayed or distributed through our Site. You acknowledge that any reliance upon any such advice, opinions, statement or other information shall be at your sole risk and you agree that Mar Creation shall not be held responsible or liable, directly or indirectly, for any loss or damage caused or alleged to have been caused in any way whatsoever related to any advice, opinions, statements or other information displayed or distributed on our Site.
9. No Endorsements of Third Party Links
References on the Site to any hypertext links to third party sites or information, do not necessarily constitute or imply an endorsement, sponsorship, or recommendation of the third party, information, product or Services by Mar Creation. Mar Creation does not endorse nor make any warranties or representations about any web site you may access through the Site, including the availability or accuracy of such web sites or resources. ANY LINKS TO OTHER SITES ARE PROVIDED FOR CONVENIENCE ONLY. You need to make your own decisions regarding your interactions or communications with any other web site.
11. Shipping and Return Policy
Click here to read Mar Creation’s Shipping and Return Policy.
12. Changing or Suspension of Services
We may, at our sole discretion, change, suspend or discontinue the access to our Site or any portion thereof of any user for any reason.
14. Inaccuracy Disclaimer
From time to time there may be information on the Site that contains typographical errors, inaccuracies, or omissions that may relate to product descriptions, pricing, and availability. We reserve the right to correct any errors, inaccuracies or omissions and to change or update information at any time without prior notice (including after you have submitted your order). We apologize for any inconvenience this may cause you. If you are not completely satisfied with your On-line Shop Services, please send an e-mail to firstname.lastname@example.org.
15. Disclaimer of Warranties
YOU AGREE THAT USE OF THE MAR CREATION SITE AND SERVICES IS ENTIRELY AT YOUR OWN RISK. THE MAR CREATION SITE AND SERVICES ARE PROVIDED ON AN “AS IS” OR “AS AVAILABLE” BASIS, WITHOUT ANY WARRANTIES OF ANY KIND. ALL EXPRESS AND IMPLIED WARRANTIES, INCLUDING, WITHOUT LIMITATION, THE ACCURACY OF ANY MATERIALS OR INFORMATION PROVIDED ON THE SITE, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT OF PROPRIETARY RIGHTS ARE EXPRESSLY DISCLAIMED TO THE FULLEST EXTENT PERMITTED BY LAW. TO THE FULLEST EXTENT PERMITTED BY LAW, MAR CREATION DISCLAIMS ANY WARRANTIES FOR THE SECURITY, RELIABILITY, TIMELINESS, ACCURACY, AND PERFORMANCE OF THE MAR CREATION SITE AND SERVICES. TO THE FULLEST EXTENT PERMITTED BY LAW, MAR CREATION DISCLAIMS ANY WARRANTIES FOR OTHER SERVICES OR GOODS RECEIVED THROUGH OR ADVERTISED ON THE MAR CREATION SITE OR SERVICES, OR ACCESSED THROUGH ANY LINKS ON THE MAR CREATION SITE. TO THE FULLEST EXTENT PERMITTED BY LAW, MAR CREATION DISCLAIMS ANY WARRANTIES FOR VIRUSES OR OTHER HARMFUL COMPONENTS IN CONNECTION WITH THE MAR CREATION SITE OR SERVICES.
Some jurisdictions do not allow the disclaimer of implied warranties. In such jurisdictions, some of the foregoing disclaimers may not apply to you insofar as they relate to implied warranties.
16. Limitation of Liability
UNDER NO CIRCUMSTANCES SHALL MAR CREATION BE LIABLE FOR DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (EVEN IF MAR CREATION HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM ANY ASPECT OF YOUR USE OF THE MAR CREATION SITE OR SERVICES, WHETHER THE DAMAGES ARISE FROM USE OR MISUSE OF THE MAR CREATION SITE OR SERVICES, FROM INABILITY TO USE THE MAR CREATION SITE OR SERVICES, OR THE INTERRUPTION, SUSPENSION, MODIFICATION, ALTERATION, OR TERMINATION OF THE MAR CREATION SITE OR SERVICES. SUCH LIMITATION SHALL ALSO APPLY WITH RESPECT TO DAMAGES INCURRED BY REASON OF OTHER SERVICES OR PRODUCTS RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MAR CREATION SITE OR SERVICES OR ANY LINKS ON THE MAR CREATION SITE, AS WELL AS BY REASON OF ANY INFORMATION OR ADVICE RECEIVED THROUGH OR ADVERTISED IN CONNECTION WITH THE MAR CREATION SITE OR SERVICES OR ANY LINKS ON THE MAR CREATION SITE. THESE LIMITATIONS SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW.
The Site is controlled and offered by Mar Creation from its facilities in New Jersey, the United States of America. MAR CREATION makes no representations that the Site is appropriate or available for use in other locations. Those who access or use the Site from other jurisdictions do so at their own volition and are responsible for compliance with local law.
Applicable law may not allow the limitation of liability set forth above, so this limitation of liability may not apply to you.
You will defend, indemnify and hold harmless Mar Creation, its officers, directors, employees and agents from and against all claims, liabilities, allegations, suits, actions, investigations, judgments, deficiencies, settlements, inquiries, demands, or other proceedings (each a “Claim”) made or brought by any third party against any of the indemnitees, including without limitation reasonable legal fees and expenses, arising from or due to or in connection with your use of or conduct on the Site.
19. Governing Law
Click here to read our Shipping and Return Policy.
Effective Date: November 27, 2006